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NY K83817





March 8, 2004
CLA-2-95:RR:NC:SP:225 K83817

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Ms. Alice Liu
Atico International, Inc.
P. O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a Christmas ornament from China.

Dear Ms. Liu:

In your letter dated February 19, 2004, you requested a classification ruling.

You have submitted a sample that is identified as item number CO72AA01494. This is a Christmas ornament with a LED lighted base. The top portion of the ornament is composed of crystal with a praying angel standing inside. The words Merry Christmas are inscribed above the angel. The crystal top sits on a plastic base that is designed with the LED lights, a push button switch and a battery compartment. When the push button switch is pressed, the lights illuminate the angel inside the crystal top. The illuminating lights glow in three interchanging colors: red, blue and yellow. The LED lights operate with 3 “AA” size batteries that are not included.

The sample is returned as you requested.

The applicable subheading for the Christmas ornament will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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